NJ Office: 201-836-0777 | NY Office: 212-721-7555
Mediation Services in New Jersey, New York and surrounding areas
Client Login
Adam Berner divorce mediation services
Resources > New Jersey State Laws

 

Spousal Maintenance / Alimony

In all actions brought for divorce, divorce from bed and board, or nullity in New Jersey, there are 4 types of Alimony:  1) Open durational alimony; 2) rehabilitative alimony; 3) limited durational alimony; and 4) reimbursement alimony.  The factors to be considered in awarding Alimony under the reforms adopted in September 2014 are as follows:

1.      The actual need and ability of the parties to pay;

2.      The duration of the marriage or civil union;

3.      The age, physical and emotional health of the parties;

4.      The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other;

5.      The earning capacities, educational levels, vocational skills, and employability of the parties;

6.       The length of absence from the job market of the party seeking maintenance;

7.       The parental responsibilities for the children;

8.       The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;

9.       The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;

10.     The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;

11.     The income available to either party through investment of any assets held by that party;

12.      The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;

13.      The nature, amount, and length of pendente lite support paid, if any; and

14.      Any other factors which the court may deem relevant.

 

Equitable Distribution

In making an equitable distribution of property, the court shall consider, but not be limited to, the following factors:

1.      The duration of the marriage;

2.      The age and physical and emotional health of the parties;

3.      The income or property brought to the marriage by each party;

4.      The standard of living established during the marriage;

5.      Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;

6.      The economic circumstances of each party at the time the division of property becomes effective;

7.      The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;

8.      The contribution by each party to the education, training or earning power of the other;

9.      The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;

10.  The tax consequences of the proposed distribution to each party;

11.  The present value of the property;

12.  The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;

13.  The debts and liabilities of the parties;

14.  The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;

15.  The extent to which a party deferred achieving their career goals; and

16.  Any other factors which the court may deem relevant.

 



New Jersey Office
One University Plaza
Suite 214
Hackensack, NJ 07601
201-836-0777
Directions | Map
New York Office
260 Madison Avenue
22nd Floor
New York, NY 10016
212-721-7555
Directions | Map